Landlord breaking lock-in period of leave and license agreement
Mrinal Mech
(Querist) 24 May 2016
This query is : Resolved
Dear Sir,
I had taken a flat on leave and license agreement for 2 years with a lock-in period of 12 months. Registration and police verification were done. Now the society apparently had a bylaw that no bachelors would be allowed which the landlord was ignorant of.
The landlord initially said that he would fight against them but later backed out as he didn't want to jeopardize relationships and said that he has got a notice from society to ask me to vacate upto 21st June. He hasn't given me a notice yet but just asked informally. I am okay with moving provided he compensate me with an amount of Rs 30000 (equaling my brokerage, stamp duty, moving costs etc) plus returning my Rs 1 lakh security deposit.
If the landlord refuses can I refuse to vacate? As it is the landlord who has broken the lock-in period. I have been regular with my rents and have not broken any of the clauses of the agreement.
If I refuse to vacate will the society be able to take any action against me or just the landlord? Also if the landlord seeks to evict me legally what will be the procedure and how should I appeal? Also if it ever goes to court how long will it take? If it takes over 12 months I am fine as I will leave anyway after 12 months.
I am attaching the leave and license agreement.
Kishor Mehta
(Expert) 24 May 2016
Sir,
If you have followed the terms and conditions of the Leave & License agreement to the letter and have not breached any term or conditions then the flat owner can not legally force you to vacate.
The objection of the society is their internal matter and need not concern you. However, if the society takes up the matter legally against the flat owner and makes you a party, naturally you will have to defend your position. But you are amply protected as far as eviction from the flat is concerned.
Legal matters are time and money consuming, please take a decision best suited in your position.
Good Luck,
Kishor Mehta
Mrinal Mech
(Querist) 24 May 2016
Thanks for your reply. Could you give me the procedure that the landlord would have to take to make me vacate?
If he sends a notice I can ignore it right as it will not be legally valid (since it's during the lock-in period). Also if he tries to get me evicted via the court how long might the process take and how much will it cost me?
I am anyways going to leave the flat after the lock in period willingly.
Kumar Doab
(Expert) 24 May 2016
You can benefit from the advise of Expert Mr. Kishore Mehta.
The local counsel that has examined the docs can advise you further and on time/cost etc.
P. Venu
(Expert) 25 May 2016
The society's byelaw cannot repugnant to the ordinary rights of citizens and not discriminatory. The fault is the private property of the land lord and he can use it at his prerogative so long it does not cause any inconvenience or 'injury' to the neighbours.
Bachelorship is a stage of life and is no disqualification or a disability for being a tenant.
Rajendra K Goyal
(Expert) 25 May 2016
If landlord move for court orders, it may take 3 - 5 years.
Kumar Doab
(Expert) 25 May 2016
Bye laws must be concurrent to the Co-operative Societies Act and Rules. It should not be contrary to the Act and Rules.
T. Kalaiselvan, Advocate
(Expert) 29 May 2016
There Is no such law which prohibits a bachelor to rent a house or a flat. The society cannot pass any such bye law even if a resolution has been passed by all the members of the society to this effect. It is against the public policy hence not maintainable.
Since your lease period with lock in period is in tact and you have not violated any conditions, you do not have to vacate during the inter alia lock in period, the landlord cannot evict you orally or by using force. He has to follow the due process of law. If he still insists, you may issue a legal notice to him to not to disturb your tenancy especially he cannot ask you to vacate during the lock in period, failing to respond, you may file an injunction suit against the landlord on the same lines
Hemant Agarwal
(Expert) 31 May 2016
CONSIDER THIS:
1. Despite the "lock-in" tenancy period, the Land-Lord has all the rights to legally evict you, citing any reason which is legally tenable (Here the reason is: Society's rules (diktat) refusing Bachelor Tenants .OR. any other public nuisance that you might be creating in the Flat ).
SIMPLE ALTERNATIVE:
2. File a suit against the Land-Lord alongwith the Society, and get a "stay-order", based on the L&L agreement and JINX the nefarious attitude of the Society, as well as the Land-Lord. Both of them will not be able to evict you, TILL the civil suit is under adjudication in court.
3. BYE-Laws are just internal guidelines that are applicable "ONLY" to society members and is NOT a "statutory law" .AND. further have NO FORCE OF LAW and this has been upheld umpteen times by higher courts.
4. Meanwhile read the following link, for answers to most of your queries:
http://www.lawyersclubindia.com/articles/Bachelor-Tenants-Prohibited-in-society-5715.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 31 May 2016
This thread and other Article suggested by Expert Mr. Hemant Agarwal is informative and useful and serves the very purpose of moderation and meaningful, useful discussion.
The readers and author can benefit from it.
Thanks to Experts.
